The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1887-11-25

ueen MADE on Hamilton III MS Car
riage) and believe the above men
toned views 10 be sustained by Just
reference from the established facts
From which 1t results that Eu'
banks should have been balled OF
discharged, and that bail was pro-
perry denied to Hamilton, where
fore the judgment as 10 Eubanks
is reversed aud vacated, aud as to
Hamilton, is afhrmed.
Justice Arnold then delivered a
carefully worded and elaborate
opinion Dissenting from the above
opinion of the court, as follows:
| dissent from the opinion OF the
majority of the court. CONCUR IN
it so far as it concerns Enbanks.
But | dissent with entire confidence
so far as it relates to Hamilton.
On the record before the court
Eubanks should have been dis.
charged, and if it were not from
the fact that since the decision of
the Chancellor he has been indicted,
| should chPerrully vote for such a
decision.
In considering tue case we should
remember that the object of arrest
and Imprisonment before trial, is
not to punish the accused, but Sc
cure his presence at the trial.
y y y
The laws which establish and
regulate the right to bail are not
doubtful aud uncertain in this State.
Art. l., sec. s of the Constitution is
that "ExcesSive bail shall not be
required aud all PERSONS shall be-
fore conviction be bailable by stuff.
cient suretleS, except for capital
.offenses, whel the proof is evident
or the presumption great"
After conStrulDg at some length
this clause of the Constitution, and
the decisions bearing upon it,
Arnold proceeded
The judicial officer, who hears m
application for bail is the trIer of
and must determine on his
own judgment 3nd conscience
whether the Testimony, under the
warrants bLil or not, but in
so be is governed by the es-
tablished rules Of law such as l
have stated. A matter of so much
and capable of becom
inc a source of so much vexation
and oppression is not, and should
nor be left to tue mere caprice or
will or pleasure of any court or any
When called upon here to review
4 Judgment deny ing bail we are
governed by the same rules Of law
which control the actions OF the
officer below. We accord to his
Judgment the prima facia preSump.
ion of correctness which attaches
o the Judgment Of all courts of
jurisdiction, and place
proper estimate upon the advant-
lgps which be enjoyed for detcrm-
ming the crcdiblity Of the wit.
IeSseS by seeing and hearing them
eslify. but what wight shall be
,Scribrd by the appellate court to
'uch Judgment, must depend on
he circumstances OF each case.
Ii is certain there are several
asses in the State, in which bail
vas denied below on the facts, and
which were aitcrward reversed on
and bail granted hereon tho
anne facts, and facts quite as strong
gainst the prisoner, it seems to mo
S those ia the CASE before us.
1t seems to me that we can at
ach but little Importance IN tho
aSe ut bar to the conclusion Of the
chancellor as to the facts for our
nanimOuS opinion, reversing the
ecisIon us to Euhanks, eXplodes
= Tar as our judgment a do so,
he theory of conspiracy, aud OF
lore persons than Hamilton and
lambrell being engaged in the
ragedy, upon which the proSecu-
ion has been conducted, and upon
ghich tue Judgment OF the Chan.
ellor WAS evidently based.
Rejecting this, AS VIC all do, the
heory of the State as to how the
homicide occurred, it became vital
know how the fatal difficulty
commenced on the bridge, what vas
he first thing said or done on the
Meeting of tue two armed and hos
lie men. under circumstances in
which the slightest movement on
he part of the one would have been
!ccepted as "a tOcsin OF war by the
There are IN addition to physical
acts, several eye-witnesSes to the
transaction. whose Testimony on
.hese points, if credited, relieves
from c%riminallty, aud |
say that it was impossible
or the facts 10 have occurred to
which they testify.
There is to say tho least of it,
uch uncertain Y, as to produce
yell founded aud reasonable doubt
Il my judgment, aud l am bound
Iuder the law TO resolve such doubt
n favor of the prisoner.
The trial below being conducted
the conspiracy theory, manifest
: enlarged the scope Of iuvestiga-
ion aud testimony greatly TO the
isadvantage of Hamilton, and it
Gems 10 me that common justice
nd fairness appeal in bis favor for
mother hearing for bis liberty on
be merits of the case, discounect-
4 from tie burdens which We all